State Plans: Coverage of the Aircrews in Aircraft Regulated by the Federal Aviation Administration-Changes to Level of Federal Enforcement for Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming, 68947-68949 [2019-27112]

Download as PDF Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES for the proper performance of the functions of the Office of Attorney Recruitment and Management, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Evaluate whether, and if so, how, the quality, utility, and clarity of the information to be collected can be enhanced; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection 1. Type of information collection: Renewal of a Currently Approved Collection. 2. The title of the form/collection: Electronic Applications for the Attorney Student Loan Repayment Program. 3. The agency form number, if any, and the applicable component of the department sponsoring the collection: There is no agency form number for this collection. The applicable component within the Department of Justice is the Office of Attorney Recruitment and Management, Justice Management Division, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Other: None. The Department of Justice Attorney Student Loan Repayment Program (ASLRP) is an agency recruitment and retention incentive program based on 5 U.S.C. 5379, as amended, and 5 CFR part 537. Individuals currently employed as a DOJ attorney and incoming hires for attorney positions within the Department may request consideration for the ASLRP. The Department selects new participants during an annual open season each spring and renews current beneficiaries (DOJ employees) who remain qualified for these benefits, subject to availability of funds. There are two application forms—one for new requests, and the other for renewal requests. A justification form (applicable to new requests only) and a loan continuation form complete the collection. The ‘‘new request’’ form is submitted voluntarily, by current DOJ employees as well as by incoming DOJ attorney hires who, if selected, do not VerDate Sep<11>2014 18:15 Dec 16, 2019 Jkt 250001 receive benefits until they are a DOJ employee. Renewal requests are submitted by only by current DOJ employees—no non-employees would qualify. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: The Department anticipates about 275 respondents annually will complete the new request form and justification form and apply for participation in the ASLRP. Of those, an average of 10 or less are incoming attorney hires who have not yet entered on duty with the DOJ. In addition, each year the Department expects to receive approximately 110 applications from current employees (DOJ attorneys) requesting renewal of the benefits they received in the preceding year. It is estimated that each new request (including justification) will take two (2) hours to complete, and each renewal request approximately 20 minutes to complete. 6. An estimate of the total public burden (in hours) associated with the collection: a. The estimated burden associated with this collection is 586 hours, 40 minutes. It is estimated that new applicants will take 2 hours to complete the request form and justification and that previously selected recipients requesting continued funding will take 20 minutes to complete a renewal form. The burden hours for collecting respondent data, 586 hours, 40 minutes, are calculated as follows: 275 new respondents × 2 hours = 550 hours, plus 110 renewing respondents × 20 minutes = 36 hours, 40 minutes. b. An estimate of the public burden focusing only incoming hires and excluding current DOJ employees is 20 hours, calculated as follows: 10 new respondents (incoming hires) × 2 hours = 20 hours. If additional information is required, please contact: Melody Braswell, Department Clearance Officer, U.S. Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, Room 3E.405B, Washington, DC 20530. Dated: December 12, 2019. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2019–27123 Filed 12–16–19; 8:45 am] BILLING CODE 4410–PF–P PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 68947 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2018–0001] State Plans: Coverage of the Aircrews in Aircraft Regulated by the Federal Aviation Administration—Changes to Level of Federal Enforcement for Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Notice. AGENCY: This document provides notice of the declination of coverage over the working conditions of aircraft cabin crewmembers onboard aircraft in operation by all twenty-two (22) OSHAapproved State Plans which cover the private sector. On March 26, 2014, OSHA began applying three safety and health standards to the working conditions of aircraft cabin crewmembers on aircraft in operation. Section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 667 (OSH Act) grants the OSHA-approved State Plans the authority to regulate the working conditions of these employees to the extent consistent with the Federal Aviation Act. Subsequently, OSHA required the State Plans to either elect to amend their State Plans to cover aircraft cabin crewmembers on aircraft in operation, or to decline to exercise such authority, in which case coverage would remain a Federal OSHA responsibility. All affected State Plans declined. OSHA is hereby amending the State Plans’ coverage in all of the twenty-two (22) OSHA-approved State Plans covering the private sector to reflect the declination of State Plan coverage, and the continuation of Federal OSHA enforcement authority over the working conditions of aircraft cabin crewmembers while they are onboard aircraft in operation, and notifying affected employers and employees of this action. DATES: December 17, 2019. FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis Meilinger, Director, OSHA Office of Communications; telephone: (202) 693– 1999; email: meilinger.francis2@dol.gov. For general and technical information: Douglas J. Kalinowski, SUMMARY: E:\FR\FM\17DEN1.SGM 17DEN1 68948 Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices Director, OSHA Directorate of Cooperative and State Programs; telephone: (202) 693–2200; email: kalinowski.doug@dol.gov. SUPPLEMENTARY INFORMATION: I. Background Section 18 of the OSH Act provides that State Plans that wish to assume responsibility for developing and enforcing their own occupational safety and health standards may do so by submitting and obtaining federal approval of a State Plan. State Plan approval occurs in stages that include initial approval under Section 18(c) and final approval under Section 18(e). The twenty-two (22) OSHA-approved State Plans that cover the private sector are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.1 jbell on DSKJLSW7X2PROD with NOTICES II. The Federal Aviation Administration Section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1) provides that OSHA cannot regulate working conditions of employees with respect to which other Federal agencies exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health. Pursuant to the Federal Aviation Act of 1958, the Federal Aviation Administration (FAA) is charged with the promotion of safe flight of civil aircraft in air commerce by prescribing regulations and minimum standards for practices, methods, and procedures the FAA Administrator finds necessary for safety in air commerce and national security. (49 U.S.C. 44701 et seq.). On July 10, 1975, FAA published a Notice in the Federal Register setting forth FAA’s determination that its authority to promote the safety of civil aircraft operations ‘‘completely encompass[ed] the safety and health aspects of the work environments of aircraft crewmembers,’’ 40 FR 29114. Thus, OSHA was preempted from regulating the working conditions of aircraft cabin crewmembers onboard aircraft in operation. On August 27, 2013, the FAA Administrator published in the Federal Register a Notice of Availability of a Policy Statement, that states FAA has not exercised statutory authority to 1 Connecticut, New York, New Jersey, Illinois, Maine, and the Virgin Islands operate State Plans limited in coverage to State and local government employees and are not affected by this notice. VerDate Sep<11>2014 18:15 Dec 16, 2019 Jkt 250001 cover all working conditions affecting aircraft cabin crewmembers while onboard aircraft in operation, 78 FR 52848. FAA stated that OSHA can apply three of its occupational safety and health standards to the working conditions of aircraft cabin crewmembers while they are onboard aircraft in operation (except flight crew members). These standards are hazard communication (29 CFR 1910.1200), bloodborne pathogens exposure (29 CFR 1910.1030), and occupational noise exposure (29 CFR 1910.95). The working conditions addressed by these three standards are the only working conditions of aircraft cabin crewmembers while they are onboard aircraft in operation subject to OSHA enforcement. FAA continues to exercise its statutory authority over all other working conditions of aircraft cabin crewmembers while they are on aircraft in operation, and to fully cover flight deck crew occupational safety and health issues while they are on aircraft in operation. For the purposes of Federal OSHA enforcement authority, an aircraft cabin crewmember means a person assigned to perform a duty in an aircraft cabin when the aircraft is in operation (other than flight crewmembers). For this purpose, an aircraft is ‘‘in operation’’ from the time it is first boarded by a crewmember, in preparation for a flight, to the time the last crewmember leaves the aircraft after completion of that flight, including stops on the ground during which at least one crewmember remains on the aircraft, even if the engines are shut down. Separate from this FAA policy change, OSHA already has authority to enforce its regulations on recordkeeping, 29 CFR part 1904, and access to employee exposure and medical records, 29 CFR 1910.1020. These regulations are not subject to preemption by Section 4(b)(1) of the OSH Act. OSHA also already has the responsibility to investigate employee complaints of discrimination for engaging in protected activity related to safety or health in the workplace, under Section 11(c) of the OSH Act, 29 U.S.C. 660(c). Investigations of employee complaints of discrimination for providing information about alleged violations of FAA requirements or of any Federal law relating to air carrier safety are also OSHA’s responsibility under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Public Law 106–181, 49 U.S.C. 42121, which is the subject of a separate OSHA–FAA PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Memorandum of Understanding (MOU), 67 FR 55883 (Aug. 30, 2002). Accordingly, OSHA assumed this authority for the enforcement of the hazard communication, bloodborne pathogens, and noise standard with respect to aircraft cabin crewmembers on aircraft in operation on March 26, 2014. It now enforces these three standards with respect to these employees. OSHA and FAA also entered into a MOU on August 26, 2014, to facilitate coordination and cooperation between the two agencies concerning OSHA’s enforcement of these three standards for these employees. III. OSHA-Approved State Plans Section 18 of the OSH Act grants the OSHA-approved State Plans the authority to regulate the working conditions of employees. Thus, these agencies might cover aircraft cabin crewmembers while they are onboard aircraft in operation, to the extent consistent with the Federal Aviation Act. State Plans also have the ability to have safety and health standards that differ from Federal OSHA’s, as long as those standards are at least as effective as Federal OSHA’s, under Section 18(c)(2) of the OSH Act, 29 U.S.C. 667(c). However, FAA expressed concern about airlines being subject to different sets of rules as they fly into and out of different states. (78 FR 52848, 52850). Subsequently, OSHA required the State Plans to either elect to amend their State Plans to cover aircraft cabin crewmembers or to decline to exercise such authority, in which case coverage would remain a Federal OSHA responsibility. All affected State Plans declined. IV. Notice of Change in Coverage OSHA is hereby amending the coverage of approved State Plans to reflect this declination of State coverage and the continuation of Federal OSHA enforcement authority over the enforcement of these three occupational safety and health standards for aircraft cabin crewmembers while they are onboard aircraft in operation in the twenty-two (22) OSHA-approved State Plans that cover the private sector. The State Plan web pages maintained by OSHA have been updated to reflect this notice. V. Authority and Signature Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, authorized the preparation of this notice. OSHA is issuing this notice under the authority E:\FR\FM\17DEN1.SGM 17DEN1 Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices specified by Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), Secretary of Labor’s Order No. 1–2012 (77 FR 3912), and 29 CFR parts 1902 and 1953. Signed in Washington, DC. Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2019–27112 Filed 12–16–19; 8:45 am] BILLING CODE 4510–26–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0243] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations Nuclear Regulatory Commission. ACTION: Biweekly notice. AGENCY: I. Obtaining Information and Submitting Comments Pursuant to the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all amendments issued, or proposed to be issued, from November 19, 2019, to December 2, 2019. This notice also incorporates the revised biweekly format as noticed in the Federal Register on December 3, 2019. The last biweekly notice was published on December 3, 2019. DATES: Comments must be filed by January 16, 2020. A request for a hearing or petitions for leave to intervene must be filed by February 18, 2020. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0243. Address questions about NRC Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:15 Dec 16, 2019 Jennifer.Borges@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Lynn Ronewicz, Office of Nuclear Reactor Regulation, 301–415–1927, email: Lynn.Ronewicz@nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: Jkt 250001 A. Obtaining Information Please refer to Docket ID NRC–2019– 0243, when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0243. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2019– 0243, facility name, unit nos. docket no., application date, and subject, in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 68949 The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination For the facility-specific amendment requests shown below, the Commission finds that the licensee’s analyses provided, consistent with title 10 of the Code of Federal Regulations (10 CFR) Section 50.91 is sufficient to support the proposed determination that these amendment requests involve No Significant Hazards Consideration (NSHC). Under the Commission’s regulations in 10 CFR 50.92, operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves NSHC. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68947-68949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27112]


=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0001]


State Plans: Coverage of the Aircrews in Aircraft Regulated by 
the Federal Aviation Administration--Changes to Level of Federal 
Enforcement for Alaska, Arizona, California, Hawaii, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North 
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, 
Vermont, Virginia, Washington, and Wyoming

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document provides notice of the declination of coverage 
over the working conditions of aircraft cabin crewmembers onboard 
aircraft in operation by all twenty-two (22) OSHA-approved State Plans 
which cover the private sector. On March 26, 2014, OSHA began applying 
three safety and health standards to the working conditions of aircraft 
cabin crewmembers on aircraft in operation. Section 18 of the 
Occupational Safety and Health Act of 1970, 29 U.S.C. 667 (OSH Act) 
grants the OSHA-approved State Plans the authority to regulate the 
working conditions of these employees to the extent consistent with the 
Federal Aviation Act. Subsequently, OSHA required the State Plans to 
either elect to amend their State Plans to cover aircraft cabin 
crewmembers on aircraft in operation, or to decline to exercise such 
authority, in which case coverage would remain a Federal OSHA 
responsibility. All affected State Plans declined. OSHA is hereby 
amending the State Plans' coverage in all of the twenty-two (22) OSHA-
approved State Plans covering the private sector to reflect the 
declination of State Plan coverage, and the continuation of Federal 
OSHA enforcement authority over the working conditions of aircraft 
cabin crewmembers while they are onboard aircraft in operation, and 
notifying affected employers and employees of this action.

DATES: December 17, 2019.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries: Francis Meilinger, Director, OSHA Office of 
Communications; telephone: (202) 693-1999; email: 
[email protected].
    For general and technical information: Douglas J. Kalinowski,

[[Page 68948]]

Director, OSHA Directorate of Cooperative and State Programs; 
telephone: (202) 693-2200; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 18 of the OSH Act provides that State Plans that wish to 
assume responsibility for developing and enforcing their own 
occupational safety and health standards may do so by submitting and 
obtaining federal approval of a State Plan. State Plan approval occurs 
in stages that include initial approval under Section 18(c) and final 
approval under Section 18(e). The twenty-two (22) OSHA-approved State 
Plans that cover the private sector are: Alaska, Arizona, California, 
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, 
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, 
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.\1\
---------------------------------------------------------------------------

    \1\ Connecticut, New York, New Jersey, Illinois, Maine, and the 
Virgin Islands operate State Plans limited in coverage to State and 
local government employees and are not affected by this notice.
---------------------------------------------------------------------------

II. The Federal Aviation Administration

    Section 4(b)(1) of the OSH Act, 29 U.S.C. 653(b)(1) provides that 
OSHA cannot regulate working conditions of employees with respect to 
which other Federal agencies exercise statutory authority to prescribe 
or enforce standards or regulations affecting occupational safety and 
health. Pursuant to the Federal Aviation Act of 1958, the Federal 
Aviation Administration (FAA) is charged with the promotion of safe 
flight of civil aircraft in air commerce by prescribing regulations and 
minimum standards for practices, methods, and procedures the FAA 
Administrator finds necessary for safety in air commerce and national 
security. (49 U.S.C. 44701 et seq.). On July 10, 1975, FAA published a 
Notice in the Federal Register setting forth FAA's determination that 
its authority to promote the safety of civil aircraft operations 
``completely encompass[ed] the safety and health aspects of the work 
environments of aircraft crewmembers,'' 40 FR 29114. Thus, OSHA was 
preempted from regulating the working conditions of aircraft cabin 
crewmembers onboard aircraft in operation.
    On August 27, 2013, the FAA Administrator published in the Federal 
Register a Notice of Availability of a Policy Statement, that states 
FAA has not exercised statutory authority to cover all working 
conditions affecting aircraft cabin crewmembers while onboard aircraft 
in operation, 78 FR 52848. FAA stated that OSHA can apply three of its 
occupational safety and health standards to the working conditions of 
aircraft cabin crewmembers while they are onboard aircraft in operation 
(except flight crew members).
    These standards are hazard communication (29 CFR 1910.1200), 
bloodborne pathogens exposure (29 CFR 1910.1030), and occupational 
noise exposure (29 CFR 1910.95). The working conditions addressed by 
these three standards are the only working conditions of aircraft cabin 
crewmembers while they are onboard aircraft in operation subject to 
OSHA enforcement. FAA continues to exercise its statutory authority 
over all other working conditions of aircraft cabin crewmembers while 
they are on aircraft in operation, and to fully cover flight deck crew 
occupational safety and health issues while they are on aircraft in 
operation.
    For the purposes of Federal OSHA enforcement authority, an aircraft 
cabin crewmember means a person assigned to perform a duty in an 
aircraft cabin when the aircraft is in operation (other than flight 
crewmembers). For this purpose, an aircraft is ``in operation'' from 
the time it is first boarded by a crewmember, in preparation for a 
flight, to the time the last crewmember leaves the aircraft after 
completion of that flight, including stops on the ground during which 
at least one crewmember remains on the aircraft, even if the engines 
are shut down.
    Separate from this FAA policy change, OSHA already has authority to 
enforce its regulations on recordkeeping, 29 CFR part 1904, and access 
to employee exposure and medical records, 29 CFR 1910.1020. These 
regulations are not subject to preemption by Section 4(b)(1) of the OSH 
Act. OSHA also already has the responsibility to investigate employee 
complaints of discrimination for engaging in protected activity related 
to safety or health in the workplace, under Section 11(c) of the OSH 
Act, 29 U.S.C. 660(c). Investigations of employee complaints of 
discrimination for providing information about alleged violations of 
FAA requirements or of any Federal law relating to air carrier safety 
are also OSHA's responsibility under Section 519 of the Wendell H. Ford 
Aviation Investment and Reform Act for the 21st Century, Public Law 
106-181, 49 U.S.C. 42121, which is the subject of a separate OSHA-FAA 
Memorandum of Understanding (MOU), 67 FR 55883 (Aug. 30, 2002).
    Accordingly, OSHA assumed this authority for the enforcement of the 
hazard communication, bloodborne pathogens, and noise standard with 
respect to aircraft cabin crewmembers on aircraft in operation on March 
26, 2014. It now enforces these three standards with respect to these 
employees. OSHA and FAA also entered into a MOU on August 26, 2014, to 
facilitate coordination and cooperation between the two agencies 
concerning OSHA's enforcement of these three standards for these 
employees.

III. OSHA-Approved State Plans

    Section 18 of the OSH Act grants the OSHA-approved State Plans the 
authority to regulate the working conditions of employees. Thus, these 
agencies might cover aircraft cabin crewmembers while they are onboard 
aircraft in operation, to the extent consistent with the Federal 
Aviation Act. State Plans also have the ability to have safety and 
health standards that differ from Federal OSHA's, as long as those 
standards are at least as effective as Federal OSHA's, under Section 
18(c)(2) of the OSH Act, 29 U.S.C. 667(c). However, FAA expressed 
concern about airlines being subject to different sets of rules as they 
fly into and out of different states. (78 FR 52848, 52850).
    Subsequently, OSHA required the State Plans to either elect to 
amend their State Plans to cover aircraft cabin crewmembers or to 
decline to exercise such authority, in which case coverage would remain 
a Federal OSHA responsibility. All affected State Plans declined.

IV. Notice of Change in Coverage

    OSHA is hereby amending the coverage of approved State Plans to 
reflect this declination of State coverage and the continuation of 
Federal OSHA enforcement authority over the enforcement of these three 
occupational safety and health standards for aircraft cabin crewmembers 
while they are onboard aircraft in operation in the twenty-two (22) 
OSHA-approved State Plans that cover the private sector. The State Plan 
web pages maintained by OSHA have been updated to reflect this notice.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, authorized 
the preparation of this notice. OSHA is issuing this notice under the 
authority

[[Page 68949]]

specified by Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR 
3912), and 29 CFR parts 1902 and 1953.

    Signed in Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-27112 Filed 12-16-19; 8:45 am]
 BILLING CODE 4510-26-P
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